§ 1 General provisions

• The web portal of the association OKiTALK Der Talk von Mensch zu Mensch accessible under the domain www.okitalk.news, hereinafter referred to as the provider, is operated and legally represented by the president of the association, Klaus Glatzel, Gleichenbach 18, AT-2812 Hollenthon
• The portal allows registered members (hereinafter referred to as members, see § 4 and 5) to use various services for the publication of information. The published information is made accessible to other members and non-registered visitors to the portal.
• Supporting members and visitors are hereinafter referred to as “users”.
• By using and utilizing the OKiTALK service, the user accepts these GTC.
• Changes to the GTC and terms of use as well as the user contract (see § 5) announced to the user by email at a later date can be viewed online and supplement or replace the general provisions stated here if they overlap or contradict each other.

§ 2 Object and scope of the OKiTALK offer

• The Provider makes the services and information described under 3.1 and 3.2 available to Supporting Members and the services and information described under 3.2 available to Visitors.
• There is no entitlement to the availability of the services and functions offered. The Provider reserves the right to limit or discontinue the scope of the services and functions offered at any time and without giving reasons.
• Unforeseeable system failures may result in temporary or permanent system failures and loss of data. The provider is not liable for any resulting damage or data loss.
• The provider cannot guarantee a constantly stable telephone and Internet network. Therefore, the provider cannot guarantee that the portal will function technically at all times.

§ 3 Services
3.1 Publication of information
The Provider provides its members with the services listed below for the publication and dissemination of digital information. The conditions for using these services are set out in more detail in the contract of use (§ 5). – the publication of digital music files (MP3) and digital video files for download against payment.

• publishing image data (digital photos, graphics, etc.) and linking the images with information.
• publishing text contributions (news, comments)
• publishing information about artists (contact details, biographies, etc.)
• publishing user profiles or company profiles with personal/company details
• publishing information on venues (clubs, discotheques, restaurants etc.) with descriptions, address information, directions etc.
• publishing information on events (concerts, parties etc.) with dates, venues, descriptions etc.

3.2 Access to information
Furthermore, the Provider provides services that enable users to access the information described under 3.1 as well as the content created by the Provider itself:

• the web portal itself for retrieving the information with a web browser
• e-mail messages sent to users on request by the provider (newsletters, notifications, etc.)
• Certain functions are only accessible to registered sponsoring members.

§ 4 Registration as a supporting member

• In order to be able to use the services described under 3.1, the user must register as a supporting member. Registration is free of charge and results in the opening of a supporting member account, which is protected by a user name and password. The opening of a sponsoring member account is subject to acceptance of these GTC.
• Upon registration, a contract for the use of the services offered on OKiTALK (hereinafter “user contract”) is concluded between the provider and the sponsoring member. Further details are regulated in § 5.
• All natural and legal persons are permitted to register.
• When registering, the sponsoring member chooses a member name and a password. The member name may not consist of an e-mail or Internet address, may not infringe the rights of third parties, in particular name or trademark rights, and may not be contrary to public decency. The member must keep his/her password secret.
• The sponsoring member is free to create several sponsoring member accounts. The misuse of a sponsoring member account is prohibited.
• By registering, the member agrees to receive a newsletter from the provider by email at regular intervals. The newsletter may also contain advertising. It is possible to unsubscribe from the newsletter at a later date.

§ 5 Contract of use

5.1 Object
The Provider shall provide the User with the services described in § 3.1. This contract regulates the relationship between the User and the Provider with regard to the type and scope of the necessary non-exclusive transfer of rights to the works of the User or the works of the artists represented by the User to the Provider, as well as the conditions for the use of the Platform by the User (Terms of Use).

5.2 Granting of rights

• The user grants the provider the right to the data and other information material provided by the user (e.g. music tracks, images, texts etc.) for the duration of the user account to enable users of the OKiTALK web portal to listen to excerpts or parts of the digital music files (MP3) and digital video files uploaded to the said web portal free of charge via the web portal for the purpose of trial listening or trial viewing for a period of no longer than … seconds. It is not possible to use the files uploaded by members to the web portal free of charge beyond this period.
• The provider does not claim any ownership rights to texts, files, images, photos, videos, sounds, musical works, copyrighted works, applications or other materials (collectively “content”) that are posted, transmitted, displayed or published by users on the OKiTALK web portal. After posting content on the OKiTALK web portal, users retain all rights that users have to their content, subject to the limited license that applies here. By posting content on the OKiTALK web portal, the user grants the provider a limited license to use, modify, delete, supplement and publicly display the content on the OKiTALK web portal only.
• This limited license also grants the provider the right to sell the content placed by users on the OKiTALK web portal for the user’s account. Payment is made exclusively via the payment system set up by the provider. The user who downloads content from the OKiTALK web portal for the purpose of permanent personal use is obliged to pay the price shown on the respective content for the download, as well as all fees incurred in the course of the payment process.
• It is agreed between the provider and the member who places content intended for sale via the OKiTALK web portal on the said web portal that the provider is entitled to retain a share of … % of the purchase price received by him on behalf of the member as a sales fee/commission. The Vendor undertakes to forward the purchase price less the aforementioned sales fee/commission to the selling Member immediately after receipt in his account to the bank account to be notified by the latter. Any fees, charges, etc. charged by the selling member’s bank for the transfer shall be borne by the selling member.
• If the user removes the content posted by him/her from the OKiTALK web portal, the provider shall cease distribution as soon as practicable and possible. At the point in time at which distribution ceases, the license shall also end to the extent described above.
• The provider may transfer its rights and obligations under this agreement at any time, in whole or in part, to third parties – in particular cooperation partners – for the purpose of providing services in the sense of the operated platform.

5.3 Guarantees
When using one of the services described under § 3.1, the sponsoring member provides the following guarantees.

5.3.1 General guarantees
The user guarantees in their own name or in the name of the natural or legal person(s) they represent on the platform for all media or information provided,

• that they are either free of third-party rights (e.g. copyrights, patents, trademark rights) or that the express permission of the respective rights holder for the intended use of the media provided under this contract (e.g. publication, duplication, making available to the public, reproduction, etc.) has been obtained.
• they correspond to the truth
• they are free of illegal, inhuman or otherwise immoral content, in particular not obscene, insulting, defamatory, offensive, pornographic, harassing, racist, xenophobic or otherwise reprehensible. – they do not contain any technically questionable components (active code, viruses, executable programs) that could impair the operation of the platform or harm other users.

5.3.2 Special guarantees when uploading music files (MP3s) or video files
The user guarantees in his own name or in the name of the artist(s) represented by him on the platform (in the case of groups, in the name of each individual group member) for all uploaded files that

• is the author of the work and the sole participating performer in the recording, or has the written consent of all participating artists
• who has produced the work himself or has the written consent of the producer
• who is the owner of or authorized to dispose of all rights to the work and any trademarks used, which he grants to the provider and the work is free of third-party rights (cover versions and remixes are not permitted)
• information as to whether or not the author(s) (lyricist/composer) is/are a member of a collecting society is correct.
• all information on membership of a rights management organization is always up to date. In the event of a change in the situation, the user undertakes to update the relevant artist profile on OKiTALK or to delete the relevant content.

5.4 Liability

• Under no circumstances shall the Provider be liable for damages arising from the breach of guarantees by the User. The User shall indemnify the Provider against any damage in this respect. If, for example, incorrect information is provided, any costs incurred will be charged to the user by the provider.
• Should the Provider become aware of conscious or unconscious violations of the guarantees formulated in 5.3.2 (guarantees when uploading music files), a processing fee of EUR 100 shall be due in any case, irrespective of any costs incurred as described in 5.4.1. In the event of recurrence, a warning will be issued by a lawyer.
• The provider is not liable for the loss of uploaded data. It is the responsibility of the user to store the originals of their works securely in another location.
• The provider is not liable for server failures or other technical impairments of the platform, nor for delays in uploading or updating works.
• The Provider shall not be liable for any damage caused to the User by other Users within the Platform community. In particular (but not exclusively), the Provider shall not be liable for defamation, damage to reputation and slander to which the User is exposed by other Users who are represented on the Platform.
• Furthermore, neither party shall be liable for breaches of contract caused by force majeure.

5.5 Time limits

• This contract is concluded for an indefinite period.
• The contract can be terminated unilaterally by the provider at any time if the user account remains inactive for a longer period of time, even after a reminder by e-mail. In this case, the user’s data on the platform will be blocked or deleted in whole or in part. Subsequent renewed consent to this contract is possible at any time.
• If the user wishes to remove all or some of his/her content from the platform, he/she may do so at any time without prior notice.
• The provider may remove or block the user’s content from the platform at any time for good cause or at its own discretion.
• The provider reserves the right to continue to store content or the user account even after it has been deleted (backup), provided that the provider or third parties still have claims against the sponsoring member.

§ 6 Miscellaneous

• Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remainder of the agreement. The invalid provision shall be replaced by mutual agreement by a provision which, taking into account the interests of the contracting parties, is best suited to achieve the desired economic purpose. The contracting parties are obliged to cooperate in good faith in clarifying the text of the contract accordingly. The same applies to any loopholes in this agreement.
• The agreement is subject to and drawn up in accordance with the law of the Republic of Austria and all legal disputes arising from this agreement or in connection with it or the purpose of the agreement shall – as far as permissible – be subject to the exclusive jurisdiction of the Austrian courts with subject-matter jurisdiction for the provider. The place of performance for both parties is 3071 Kirchweg, Austria.

§ 7 Data protection
7.1 Visiting the website
While the user is on the provider’s website, the provider automatically collects information regarding the use of the website. This information may include the user’s browser, the user’s IP address, details of files that the user has viewed or downloaded, the user’s path through the website and the date and time of access to the website. This data is largely used for statistical analysis of visitor traffic on the website. The information collected automatically during the visit does not contain any personal data of the user.

7.2 Collection and use of personal data
The provider stores the user’s personal data when the user registers as a member. Under no circumstances will the provider rent, sell or pass on the personal data collected to persons outside the company.